3424

LAWS OF MARYLAND

Ch. 840

year from the date on which the determination becomes final.
Without the necessity of a request for a new annual
determination, the Commissioner shall give 60 days notice prior
to making the determination. In determining prevailing wage
rates, the Commissioner shall ascertain and consider, among other
things, the applicable wage rates established by collective
bargaining agreements.

[18-505.] 12-305. REVIEW AND DETERMINATION OF WAGE RATES.

(a)  Any prospective bidder or offeror or his
representative, any representative of any group of employers
engaged in the particular type of construction involved, any
representative of any classification of workmen, or the public
body, within 10 days after the call for bids or proposals on the
public work involved, may file with the Commissioner a verified
petition, which sets forth the facts upon which it is based, to
review the determination of any prevailing wage rate or rates.
Within 2 days thereafter a copy of the petition shall be filed
with the public body authorizing the public work. The
Commissioner, upon notice to the petitioner, the public body
authorizing the public work, and the recognized collective
bargaining representatives for the particular classifications
involved, and also to all persons entitled to receive notice
pursuant to [subsection (a) of § 18-504 hereof] § 12-304(A) OF
THIS SUBTITLE, shall institute an investigation and hold a public
hearing within 20 days after the filing of such petition. The
Commissioner at his discretion may hear each petition separately
or consolidate for hearing any two or more petitions. At the
hearing the Commissioner shall introduce in evidence the
investigation it instituted and the other facts which were
considered at the time of the original determination which formed
the basis for his determination. The Commissioner or any
interested parties thereafter may introduce any evidence that is
material to the issues. Within 10 days of the conclusion of the
hearing, the Commissioner shall make a determination and transmit
it, in writing, to the public body and to the interested parties.
Such determination shall be final.

(b)  Upon receipt by the public body of the notice of the
filing of such petition, the public body awarding the contract
shall extend the closing date for the submission of bids until 5
days after the determination of the prevailing wage rates
pursuant to this section and the publication of such findings.

(c)  As to any matters of rate determination the applicable
provisions of [Article 41, Subtitle 24, of the Annotated Code of
Maryland, "Administrative Procedure Act",] TITLE 10,- SUBTITLES 1
THROUGH 3, (ADMINISTRATIVE PROCEDURE ACT) OF THE STATE GOVERNMENT
ARTICLE OF THE CODE shall prevail.

[18-506.] 12-306. POSTING NOTICE OF WAGE RATES; NO LIMITATION ON
WAGE RATE OR HOURS OF WORK; REGULATIONS GENERALLY; PAYROLL
RECORDS.